Legal Question in Criminal Law in Maryland

Good morning,

My son's dad (DA) was arrested because there were items hidden in his room from a burglary that his brother (DB) committed.

DB is the 16 year old younger brother of DA. He has been arrested and charged with crimes before. He is recently back home and DA was attempting to mentor to him. DA is currently on parole and in the process of turning his life around.

A warrant was put out for DA's arrest and they apprehended him shortly after. His brother, DB,had been in jail for other charges at the time and was told that he was not charged with the burglary but in fact I found out that DB was being charged for it as well as DA. DB hid items in DA's room because he believed that their dad would not look for them there since it was his oldest brother's room.

The police officers found some items in DA's room and a warrant was issued for his arrest. DA and DB's father was at the house when items were found in DA's room and informed them that DB had also hidden stolen items in his room as well as throughout the house. Obviously, this did not matter because the request for a warrant was still filed.

DB has confessed in a written statement to committing the burglary and hiding the items and was told that it would be sent to the State's Attorney. We have yet to hear back from them regarding this matter. The State's Attorney will not speak with us and the detective and his superior has constantly canceled or not shown up for meetings that we have requested with them.

I have no clue what else to do. His preliminary is scheduled for a few weeks and we want him home as soon as possible!

Please if you have any advice, besides waiting for the preliminary hearing, I would greatly appreciate it.


Asked on 12/15/09, 6:15 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Regardless of what really happened, the state may accuse and prosecute whomever for the burglary and possession of stolen goods. Although your child's dad has probably had a bail review, he may seek another, if there has been a change in circumstances. For instance, the initial bail review judge may not have known about the confession.

Beware that even if your child's dad is released on bail, he still should prepare to defend his case and the sooner the better. In addition to representing a person at bail review, preliminary hearing, and trial an attorney can investigate the evidence independently of the state which is prosecuting. I offer a free initial consultation.

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Answered on 12/20/09, 6:56 am


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